S1208-2011 - NY Senate Open Legislation - Prohibits operation of any motor vehicle equipped with device which affects the operation of traffic-control signals

Prohibits the operation of any motor vehicle equipped with a device which affects the operation of traffic-control signals; provides that the possession of such a device shall constitute a traffic infraction, use thereof is a class A misdemeanor, and use which results in personal injury or death shall constitute a class E felony.

Sponsor: JOHNSON / Co-sponsor(s): AVELLA, LARKIN / Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law / Law: Add S397-c, V & T L

S1208-2011 Actions

May 2, 2012: referred to transportation
May 1, 2012: DELIVERED TO ASSEMBLY
May 1, 2012: PASSED SENATE
Mar 5, 2012: ADVANCED TO THIRD READING
Mar 1, 2012: 2ND REPORT CAL.
Feb 29, 2012: 1ST REPORT CAL.242
Jan 4, 2012: REFERRED TO TRANSPORTATION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
May 3, 2011: referred to transportation
May 3, 2011: DELIVERED TO ASSEMBLY
May 3, 2011: PASSED SENATE
Feb 1, 2011: ADVANCED TO THIRD READING
Jan 31, 2011: 2ND REPORT CAL.
Jan 25, 2011: 1ST REPORT CAL.27
Jan 19, 2011: REPORTED AND COMMITTED TO CODES
Jan 6, 2011: REFERRED TO TRANSPORTATION

S1208-2011 Meetings

Transportation: Feb 29, 2012, Transportation: Jan 19, 2011, Codes: Jan 25, 2011

S1208-2011 Calendars

S1208-2011 Votes

VOTE: COMMITTEE VOTE: - Transportation - Jan 19, 2011

Ayes (18): Fuschillo, Johnson, Lanza, Larkin, Maziarz, McDonald, Nozzolio, Robach, Young, Zeldin, Dilan, Adams, Addabbo, Kennedy, Perkins, Smith, Squadron, Stavisky
Nays (1): Diaz

VOTE: COMMITTEE VOTE: - Codes - Jan 25, 2011

Ayes (13): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Perkins, Espaillat
Ayes W/R (2): Duane, Squadron
Nays (1): Parker

VOTE: FLOOR VOTE: - May 3, 2011

Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Duane
Excused (2): Oppenheimer, Smith

VOTE: COMMITTEE VOTE: - Transportation - Feb 29, 2012

Ayes (18): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky, Valesky
Excused (1): Adams

VOTE: FLOOR VOTE: - May 1, 2012

Ayes (56): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Young, Zeldin
Nays (2): Duane, Parker
Excused (3): Hannon, Martins, Valesky

S1208-2011 Memo

BILL NUMBER:S1208

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to prohibiting the use
of any device which affects the operation of a traffic-control signal

PURPOSE:
To prohibit the operation of any vehicle, except an emergency
vehicle, that is equipped with a device which affects the operation
of a traffic control signal.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 397-c
to the vehicle and traffic law to make it illegal for a person to
operate a vehicle which he or she knows is equipped with a device
capable of affecting the operation of any traffic-control signal. The
bill also provides exceptions where the operator can show by credible
evidence that he or she was not aware of the presence of the device
or if the person using such a device is engaged in the authorized
maintenance or repair of a traffic-control signal. Possession of the
device shall constitute a traffic infraction. If the operator is
using the device to affect the operation of a traffic control signal,
it shall constitute a class A misdemeanor. If the unauthorized use of
such a device causes personal injury or death, then it shall
constitute a class E felony.

In addition, operators of authorized emergency vehicles and public
transportation vehicles are exempt from this section.

EXISTING LAW:
None exists.

JUSTIFICATION:
There are people willing to pay as much as $1,000 for a
device that allows them to change a red light to green right from
their drivers seat as if they were law enforcement officers on call.
The purpose of the existence of such devices is for emergency access
and not for the convenience for someone who wants to get home earlier
from work or to dodge traffic. These devices exist and are currently
in use by non emergency personnel. Public safety dictates the need to
make the use of such devices illegal by persons other than authorized
emergency personnel. Such devices flaunt public safety concerns and
could cause serious personal injury or death on New York roadways.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act takes effect on the first of
November next
succeeding the date on which it shall have become a law.

S1208-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1208
 2011-2012 Regular Sessions
 I N  SENATE
 January 6, 2011
 
 Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation
 

AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
 the use of any device which affects the operation of a traffic-control
 signal
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 397-c to read as follows:

 

S  397-C.  INTERFERENCE  WITH  A  TRAFFIC-CONTROL SIGNAL. 1. NO PERSON
 SHALL OPERATE ANY MOTOR VEHICLE, EXCEPT AN AUTHORIZED EMERGENCY  VEHICLE
 OR  AUTHORIZED  PUBLIC  TRANSPORTATION VEHICLE, WHICH HE OR SHE KNOWS IS
 EQUIPPED WITH A DEVICE CAPABLE OF AFFECTING THE OPERATION OF ANY  TRAFF
 IC-CONTROL  SIGNAL.  THE  PRESENCE  IN  A MOTOR VEHICLE OF SUCH A DEVICE
 CONNECTED TO A POWER SOURCE AND IN AN OPERABLE CONDITION IS  PRESUMPTIVE
 EVIDENCE  OF  THE  OPERATOR'S  KNOWLEDGE OF THE DEVICE. SUCH PRESUMPTION
 SHALL BE REBUTTED BY ANY CREDITABLE EVIDENCE WHICH TENDS  TO  SHOW  THAT
 THE  OPERATOR OF THE MOTOR VEHICLE WAS NOT AWARE OF THE PRESENCE OF SUCH
 DEVICE.
 2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON  USING
 SUCH A DEVICE WHILE ENGAGED IN THE AUTHORIZED MAINTENANCE OR REPAIR OF A
 TRAFFIC-CONTROL SIGNAL.
 3.  A  VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A
 TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT  LESS  THAN  ONE  HUNDRED
 DOLLARS NOR MORE THAN THREE HUNDRED DOLLARS.
 4.   A VIOLATION OF SUBDIVISION ONE OF THIS SECTION WHILE USING SUCH A
 DEVICE TO AFFECT THE OPERATION OF A TRAFFIC-CONTROL SIGNAL SHALL CONSTI
 TUTE A CLASS A MISDEMEANOR.
 5. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION WHILE USING  SUCH  A
 DEVICE  TO AFFECT THE OPERATION OF A TRAFFIC-CONTROL SIGNAL AND SUCH USE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04455-01-1
        S. 1208                             2
 CAUSES PERSONAL INJURY OR DEATH AS A RESULT OF ITS EFFECT ON A  TRAFFIC
 CONTROL SIGNAL SHALL CONSTITUTE A CLASS E FELONY.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

S1208-2011: Prohibits operation of any motor vehicle equipped with device which affects the operation of traffic-control signals